The Water and Sewerage Services (Northern Ireland) Order 2006

Conditions of consent N.I.

179.—(1) The power of a sewerage undertaker, on an application under Article 176, to give a consent with respect to the discharge of any trade effluent shall be a power to give a consent either unconditionally or subject to such conditions as the sewerage undertaker thinks fit to impose with respect to—

(a) the sewer or sewers into which the trade effluent may be discharged;

(b) the nature, temperature or composition of the trade effluent which may be discharged;

(c) the steps to be taken, in relation to the discharge or by way of subjecting any substance likely to affect the description of the matter discharged to treatment or any other process, for minimising—

(i) the polluting effects of the discharge on any controlled waters; and

(ii) the impact of the discharge on sewerage services;

(d) the maximum quantity of trade effluent which may be discharged on any one day, either generally or into a particular sewer; and

(e) the highest rate at which trade effluent may be discharged, either generally or into a particular sewer.

(2) Conditions with respect to all or any of the following matters may also be attached under this Article to a consent to the discharge of trade effluent from any trade premises—

(a) the period or periods of the day during which the trade effluent may be discharged from the trade premises into the sewer;

(b) the exclusion from the trade effluent of all condensing water;

(c) the elimination or diminution of any specified constituent of the trade effluent before it enters the sewer;

(d) the acidity or alkalinity of the trade effluent at the time when it is discharged into the sewer;

(e) the payment by the occupier of the trade premises to the undertaker of charges for the reception of the trade effluent into the sewer and for the disposal of the effluent;

(f) the provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take samples, at any time, of what is passing into the sewer from the trade premises;

(g) the provision, location, testing and maintenance of such meters as may be required to measure the volume and rate of discharge of any trade effluent being discharged from the trade premises into the sewer;

(h) the provision, testing and maintenance of apparatus for determining the nature, temperature and composition of any trade effluent being discharged from the premises into the sewer;

(i) the keeping of records of the volume, rate of discharge, nature. temperature and composition of any trade effluent being discharged and, in particular, the keeping of records of readings of meters and other recording apparatus provided in compliance with any other condition attached to the consent; and

(j) the making of returns and giving of other information to the sewerage undertaker concerning the volume, rate of discharge, nature, temperature and composition of any trade effluent discharged from the trade premises into the sewer.

(3) In the exercise of the power conferred by virtue of paragraph (2)(e), regard shall be had—

(a) to the nature, temperature and composition and to the volume and rate of discharge of the trade effluent discharged;

(b) to any additional expense incurred or likely to be incurred by a sewerage undertaker in connection with the reception or disposal of the trade effluent; and

(c) to any revenue likely to be derived by the undertaker from the trade effluent.

(4) If, in the case of any trade premises, a condition imposed under this Article is contravened, the occupier of the premises shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine.

(5) In this Article “controlled waters” means—

(a) a waterway (within the meaning of the Water Order); or

(b) water in any underground strata.

(6) This Article has effect subject to the provisions of Articles 191 and 193(3).

Modifications etc. (not altering text)

C1 Art. 179 excluded (1.4.2007) by Urban Waste Water Treatment Regulations (Northern Ireland) 2007 (S.R. 2007/187), reg. 9(2)

Commencement Information

I1 Art. 179 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)